Accredited Family Law & Divorce Specialists In Heidelberg West

We understand family law. Our Family Solicitors Heidelberg West have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and residential or commercial property division.

We are committed to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the best family legal representatives Heidelberg West has to offer, then look no further. When engaging one of our professionals, you can rest assured you have the best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Heidelberg West, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.

Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.

The application can be opposed in situations where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.

An application can still be made while the parties are living under the same roof or if one has supplied the other with some household services. It may be hard to develop that separation has actually happened in these scenarios and appropriately the Court will need evidence in support of the application.

In addition to the requirements of a period of 12 months of separation, either you or your partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, mean to live in Heidelberg West indefinitely or otherwise be able to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been wed for less than 2 years, the Court needs the parties to participate in a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.

At a Divorce hearing, the Court will need to think about that proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that home, and under the age of 18.

When a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.

As soon as a Divorce has actually worked, there is just a 12 month duration where to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.

Parenting Orders Heidelberg West

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.

Prior to the beginning of any Court proceedings the parties are needed to attend, get involved and make a genuine attempt in solving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.

If an arrangement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, arbitrators and counsellors Heidelberg West.

If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:

ensuring that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum degree consistent with the very best interest of the child; and

safeguarding the kids from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and

guaranteeing that children get sufficient and proper parenting to assist them attain their complete potential; and

making sure that parents fulfil their responsibilities, and meet their responsibilities, concerning the care, welfare and development of their children.

There are other factors that the Court might consider in any specific circumstances.

Why Choose Our Family Lawyers Heidelberg West VIC

We are passionate about providing a specialized Family Law service Heidelberg West that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our commitment to your legal needs.